Hello Broadway 2020: Terms & Conditions

This is a legally binding agreement which will limit your ability to seek legal remedy for any harm or injury you experience during the Program. Please read the Agreement carefully. Do not Purchase and do not participate if you do not agree with the terms of this Agreement.

Both Student and Parent are collectively known as “Participant” in this Agreement.

This Participant Agreement is entered into and effective as of the date purchase form is submitted by Participant, by and between Participant, and The Broadway Collective, Inc. (the “Company”), having an address of PO Box 255, New York, New York, 10034. 

In consideration of Participant partaking in Broadway’s Online Academy (the “Program”), it is agreed as follows: 

1) WHAT YOU RECEIVE 

Participant hereby retains Company to participate in Broadway’s Online Academy. 

(a) The Program will take place from the start date for 12 calendar months, in this Program session includes the following (the “Service”):

1. Actual Broadway performers as your mentors in an online classroom.
2. Direct-from-Broadway assignments to strengthen your Dance, Vocal, and Acting skills.
3. A taste of what’s required to “make it” in the performing arts industry.
4. A jumpstart to your college audition portfolio.
5. New skills: confidence, time management, a resilient work ethic, and a family of awesome friends.

(b) The Program does NOT include any filming, studio rentals, video production, headshots, or delivered video materials. Participants in Broadway’s Online Academy are responsible for taping their audition materials on their own AND paying for any professional video production they choose. 

2) PAYMENT TERMS

If you’ve selected “Pay in Full” : A pay in full amount of $3,995 is due upon Completion + Submission of Purchase form. Payment shall be made via credit card charge through our gateway Stripe.

If you’ve selected “Payment Plan” : An initial payment of $395 is due upon Completion + Submission of Purchase form, followed by 11 monthly payments of $395 for a total of $4,740. Payments after the initial $395 installment shall be automatically charged monthly to the credit card provided at registration, i.e. Participants who register on May 21 will be charged $395 on May 21, followed by eleven installments of $395 to be automatically charged on June 21, July 21, Aug 21, Sept 21, Oct21, Nov 21, Dec 21, Jan 21, Feb 21, Mar 21, Apr 21. Payment shall be made via credit card charge through our gateway Stripe.

Late and/or missing payments: Payments more than 7 days late are subject to a penalty fee of 10 percent (10%) of the late payment amount. Company reserves the right to cancel Participant registration without refund if all payments have not been made in full within 30 days of their selected session. 

3) TERM 

This engagement shall commence as of the Completion + Submission of Purchase form AND remitting the Program Fee in accordance with paragraph 2 and shall continue through culmination of Hello Broadway, or cancellation by either party in accordance with paragraph 4. 

4) CANCELLATION 

(a) Participant Cancellation: Participant may cancel this Agreement for any reason by providing written notice to Company. 

1. Cancellation of this Agreement at any time does not alleviate Participant’s obligation to pay Program fees in full as specified in Paragraph 2. Participant understands that they will NOT receive a refund of monies paid in the event of cancellation.
2. Participant understands that significant planning, preparation, reservations, hiring and a host of third-party services are secured by Company as a result of Participant agreeing to participant in the Program. As a result, Participant and Company agree that quantifying Company’s loss as a result of Participant cancellation is inherently difficult insofar as cancellation may impact the Company’s obligations to pay for merchandise, tickets, housing/lodging, and other costs visited upon Company as a result of Participant’s cancellation. Therefore, Participant understands if Participant cancels this Agreement, Participant will not receive a refund for monies paid and the monies received shall be retained by Company as liquidated damages. Both Participant and Company agree that the monies received are not a penalty, but a reasonable measure of damages, based upon the Company’s experience providing the Service and given the nature of the losses that may result from cancellation.

(b) Company may cancel this Agreement at any time for any reason by providing written notice to Participant. In the event that Company cancels this Agreement prior to commencement of the Program, Company will provide a full refund to Participant. In the event that Company cancels this Agreement after the Program commences, Company will provide a prorated refund to Participant. Company is not responsible for any expenses incurred by Participant related to the Program prior to cancellation by the Company. 

6) NO GUARANTEES  

Company cannot guarantee the outcome of the Program and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantees other than that the services described in Paragraph 1(a) shall be provided to Participant in accordance with the terms of this agreement. Participant acknowledges that Company cannot guarantee any results for Program activities, master classes and services as such outcomes are based on subjective factors that cannot be controlled by Company.

7) INHERENTLY DANGEROUS ACTIVITIES AND RISK

Participant attests that he or she is voluntarily participating in all the activities involved in and related to the Program. Participant acknowledges that the Services provided at the Program, as well as certain optional activities offered by the venue, are inherently dangerous or carry some inherent risk, including but not limited to dance, vocal training, adventure activities, and other physical activities.  These activities can be strenuous and many occur in the natural environment among naturally occurring hazards. Participant expressly assumes the risk for any damage to self or property. 

Participant represents and warrants that he or she has sufficient physical strength, ability, and experience to participate in the Program and the activities and services provided.  Participant represents and warrants that he or she does not have any health problems or medical conditions that might preclude participation in the Program or the activities and services. 

Participant understands that, while reasonable precautions have been taken to promote safety, not every situation can be controlled. Therefore, Participant assumes any and all of the risks of participating in the Program and agrees to indemnify, hold harmless, and promise not to sue Company or any party or entity conducting a specific event or activity on behalf of Company and release those parties from any and all liabilities or claims made as a result of Participant’s attendance and participation in the Program. Under no circumstances will Company be held liable for Participant’s injury, illness, death, or any loss or damage of Participant’s personal belongings resulting from his or her participation in the Program or during his or her travels to and from the Program. Should Participant require emergency medical treatment as a result of accident or illness arising during Participant’s attendance and participation in the Program, Participant consents to such treatment. Participant acknowledges and agrees to be financially responsible for any medical or legal bills that may be incurred as a result of emergency medical treatment. Participant will notify Company verbally and in writing if at any time Participant is injured prior to, during, or after the Program in Participant’s travels or attendance, or if Participant has medical conditions about which emergency medical personnel should be informed; however, Participant understands that Company is not legally obligated to act on that information in any way or to provide any medical service whatsoever to Participant. Participant agrees that if he or she has any medical or psychological conditions that may hamper him or her from fully and healthfully participating in the Program, Company retains the right to ask that Participant not participate in portions of or the entirety of the Program.  

8) ALTERATIONS TO THE SERVICE 

Company reserves the right to make reasonable alterations to the program of the Program, including activities as necessary to maintain the safety of participants and the integrity of the Program experience. Participants understand that the route, schedules, itineraries, amenities and mode of transport to and from any activities may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever. 

9) FORCE MAJEURE 

The Company is not liable for failure or delay in performance of the Company’s obligations under this Agreement if such failure or delay in performance is as a result of causes and/or circumstances beyond the Company’s reasonable control and without its fault or negligence, including but not limited to accident, illness, Acts of God (including fire, flood, earthquake, storm, hurricane, or other natural disaster) or of the Public Enemy, acts of war, acts of the government in its sovereign capacity, fires, floods, epidemics, quarantine restrictions, unusually severe weather, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. 

Should any such occurrence impede or delay travel and execution of any obligation under this Agreement, every reasonable effort will be made by the Company to mitigate, modify or alter this Agreement as to meet the stated and agreed upon obligations. The Company is not entitled to terminate this Agreement under Paragraph 3 (TERM) in such circumstances, except by mutual consent and agreement in writing pursuant to the Force Majeure provisions. If the Company asserts Force Majeure as an excuse for failure to perform the party’s obligation, then the Company must prove that it took reasonable steps to minimize delay or damages caused by foreseeable events, that the Company substantially fulfilled all non-excused obligations, and that the Participant was timely notified of the likelihood or actual occurrence of an event described in in this Paragraph 10. Should Force Majeure render the need for Company’s services null and void, Participant agrees to terminate the contract amicably and bear their own expenses incurred to date unless otherwise indicated or specified.

Should any such occurrence impede or delay travel and execution of any obligation under this Agreement held by Participant, Participant will still be required to satisfy its obligations under this Agreement, including, but not limited to, remitting outstanding payments to Company and paying for any accommodations reserved and/or booked by Company on your behalf in anticipation of your arrival. Failure to physically show up for the Program will not alleviate your duties under this Agreement. 

10) RELEASE OF LIABILITY 

Participant hereby takes the following action for himself or herself, his or her executors, administrators, heirs, next of kin, successors, and assigns: 

(a) I waive, release, and discharge the Company and/or its directors, officers, employees, volunteers, sponsors, representatives, and agents, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me during the trip or during my travels to and from the Program. 

(b) I indemnify, hold harmless and promise not to sue the Company or persons mentioned in this document from any and all liabilities or claims made as a result of participation in the Program, whether caused by negligence or otherwise. 

11) PHOTO AND VIDEO RELEASE 

By participating in Broadway’s Online Academy, participants understand that portions of the Program may be recorded in video and audio and/or captured in still and/or digital photographs by the Company. Participant gives Company and its assigns the right and permission to use your, or your child’s name, image, voice and likeness for any purpose without further compensation, permission, or notification. 

12) CONFIDENTIALITY

Notwithstanding paragraph 11, and except as necessary to cooperate with the legal process, including law enforcement and governmental requests; or comply with applicable laws and regulations, Company agrees not to disclose Participant’s confidential information. Participant agrees not to disclose the confidential or proprietary information or ideas of other participants in the Program. Participant’s breach of this paragraph, if discovered during the term of this agreement, may result in cancellation of Participant’s participation in the Program without refund.

13) INTELLECTUAL PROPERTY

All material and information provided by the Company as part of the Program is proprietary and comprises intellectual property owned solely by Company. Company maintains exclusive, worldwide right, title, interest, ownership and all subsidiary rights, including all rights accruing to Company under the United States Copyright Act, in and to all works of authorship and all copyrights, patents, trade secrets and any other intellectual property rights, business concepts, plans and ideas, reports, manuals, visual aids, documentation, inventions, processes, proposed products, services, techniques, marketing ideas, and commercial strategies, that have been or will be created by Company (“the Work”), for use throughout the world in perpetuity in any manner or media whether now known or hereafter invented. Client does not have permission to use, reproduce, distribute or create derivative works based on the Work.  

14) WARRANTIES 

(a) Company’s Warranties: Company represents, warrants and covenants that Company has full authority to enter into this Agreement and that all of the services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel. 

(b) Participant’s Warranties: Participant represents, warrants and covenants that Participant has full authority to enter into this Agreement and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Participant’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term. 

(c) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED. 

15) EFFECT OF HEADINGS 

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. 

16) ENTIRE AGREEMENT; MODIFICATION; WAIVER 

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 

17) NEUTRAL CONSTRUCTION 

This Agreement was prepared by Company and/or Company’s legal counsel. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because it was prepared by its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties. 

18) COUNTERPARTS 

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 

19) ASSIGNMENT 

This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Participant may not assign any of its rights under this Agreement, except to a wholly owned subsidiary entity of Participant. No such assignment by Participant to its wholly owned subsidiary shall relieve Participant of any of its obligations or duties under this Agreement. 

20) NOTICES 

All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed as follows:

To Company at: PO Box 255, New York, New York, 10034

To Participant at:  the address first written above.  

Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address in the manner set forth above. 

21) GOVERNING LAW; VENUE; MEDIATION 

This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York as applied to contracts that are executed and performed entirely in New York. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be New York County, New York. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

22) RECOVERY OF LITIGATION EXPENSES 

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. 

23) SEVERABILITY 

If any term, provision, covenant or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 

If you are a minor, your parent and/or legal guardian enters this Agreement of their free will and by Completion + Submission of Purchase form, releases Broadway Collective and its affiliates and/or subsidiaries from any and all liability described above and knowingly assumes the risk inherent to this activity.

By Completing + Submitting Purchase form you agree to the above and the full terms and conditions of The Broadway Collective, Inc. and the Broadway’s Online Academy master class program which can be accessed at any time here: bwaycollective.com/terms-conditions/.

IN WITNESS WHEREOF, the parties to this Agreement have duly executed it on the day and year first above written.